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Alleged Mario pirate agrees to pay $1.3 million

An Australian man who allegedly copied and then uploaded to the Web the New Super Mario Bros. for the Wii has agreed to pay up.

New Super Mario Bros. for the Wii
New Super Mario Bros. for the Wii in action. Nintendo

Nintendo doesn't take kindly to people who put one of its major releases onto the Web before it hits store shelves.

According to a report Tuesday in Australia's Sydney Morning Herald, a man has agreed to pay Nintendo 1.5 million Australian dollars (or $1.3 million) for loss of sales revenue after he allegedly illegally copied and uploaded to the Web the New Super Mario Bros. for the Wii prior to the game's Australian release last year.

Australia's Copyright Act outlaws copying and distributing video games without prior approval. Nintendo cited the Copyright Act when it took James Burt to court over the alleged incident. After being granted a search order by Australia's Federal Court, Nintendo was able to access Burt's hard drives, e-mail, and any sites for which he had password, according to the Herald.

As part of an out-of-court settlement, Burt, who is 24, agreed to pay the $1.3 million. He will also reimburse the video game company $87,000 for legal costs, the newspaper reported.

"Nintendo will pursue those who attempt to jeopardize our industry by using all means available to it under the law," the company said in a statement.

The video game industry's fight against piracy has been a long and hard battle. Numerous games are available online illegally. And with a single download, people can play them without paying a dime. Still, I'm not convinced that a $1.3 million settlement is fair.